a (w) 15 July 2012

Crpc 125

Dear All

I have some urgent questions........ a lower court in Delhi has awarded a hefty Interim mentinance to my wife who desserted me 4 years ago,the amoount is little more than 50% of my salary, the court has not paid any attention to my other liabilities.

the lady in question is very capable of earning and holds professional degrees, and has been working in past, but ever since she desserted me i have no records, she is also in possession of my girl child and she has not allowed me to meet her in all these years.

1. how can i ask a higher court to look into the matter again, and reduce the quantum

2. since she is qualified and has worked in past, is this a ground enough to prove that she does not need maintenance.

3. can i seek divorce on grounds of dessertion and cruelty, and what are my chances

4. Delhi high court has passed a judgement that a qualified and equally capable woman should not be given any maintenance, the Mahila courts have not paid atttention to these judgements, please suggest a wayout urgently.

thanks

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5 Replies

Tajobsindia (Senior Partner ) 15 July 2012

@ Author,

1. Yes you are right about ref.: Sanjay Bhardwaj and Ors. Vs.. State and Anr., (Cr.M.C. No. 491/2009 decided by Delhi High Court on 2782010)

Held: “there is no requirement in law for the husband to maintain his wife. For, the Court cannot tell the husband to beg, borrow, or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning".

BUT, Sanjay's case was on different footing; he after coming back to India from Congo till date is un-employed due to no job being offered to him (criminal cases being filed upon him is reason prospective employers give0 clubbed with their super litigations status. Whereas your case is that you are working and your madam is un-employed inspite of having higher qualifications / past being in working status. So what you need is a female counterpart of ex Mr. Jstc Dhingra in any of Delhi's Mahila Court and yes there is one right now in Saket Mahila Courts ! Also you need to count for child in her custody where the whole maintenance order tilts by way of super- justifications of ladyship(s).

2. I suppose the Mahila Court also quoted in its Order somethign similar like there while passing the order; J

“Women have been subjected to violence, domestic or otherwise, throughout the pages of history whether they be Helen of Troy, or Sita of Ramayana, whether they be Cassandra of Troy, or Droupadi of Mahabharata. Women have been easy pray to the male ego, and dominance. Much as the Indian Civilization pays obedience to the feminine divine, but the harsh reality remains that throughout the length and breath of this country, women are assaulted, tortured, and burnt in their daily lives. The phenomenal growth of crime against women, has attracted the attention of the international community.”

3. The Order comes under discretion by the Mahila Court under s. 125 CrPC which can be put under Revision Court views. Based on material records whose special knowledge you have you may challenge the same before a superior Court taking stay of lower Court proceedings. Also note if the award is from date of award and not from date of filing (which is highly unlikely is my view) and case is posted for advance stage proceedings wise then fast track the whole case and seek final judgment instead of approaching superior (revision) Court as the amount of time it will click there also adds into the arrears payment + expensive litigation expenses that you have to meet.

See where the Order actually stands in consultation with your advocate as both have knowledge of the materials not the forum based on your short query.

4. Bare reading your query we cannot make out “grounds” for divorce as nothing other than Order of maint. is reflecting from your query. You have to speak more on allegations be it desertion / mental cruelties incidences to get any reply on should you or you should not file divorce? Also there is no whisper in your query about any move / thought for visitation / custody of child other than refusal by mother when probably you went to her home to meet child !

R.K Nanda (Advocate) 15 July 2012

1.File revision in higher court.

2.No.

3.Yes, u have good chances.

4.Not applicable in ur case.

a (w) 16 July 2012

Many thanks to you sir, would like to put forward a few more points

1. She has been working in past and has been earning decently, if i can prove/present those records will it help??

2. There has been no incident of voilence ever on my part, though i had to retaliate to protect my self, all in self defence, and than she decides to walk out of my life after making a police complaint and later withdrwaing the complain, would you advice me to bring in her mental status in the application.

3. She never cooperated with the family and supported either financialy or emotionally, would you advice that these are grounds for filing for divorce

4. As in point 3 of your reply you did mention that i run the risk of being further penalised, but in case the court considers her previous work records and her present adhoc assignments, proving her capability to earn, would you advice that these are grounds enough for the court to reconsider the quantum of maintenance

5. In past, verbal requests to meet the child were made in the courts but the court never paid attention to those requests,

6. No doubts she has played havoc in my life, causing pain and misry to my life and people associated to me, bringing in pain and agony for me in society and neigbourhood. would you advice me some more reasons i can incorporate to proceed for divorce on the grounds of dessertion and cruelty.

7. Lastly are there any forums or court instituted bodies which can compell/guide them to sign dicorcve documents, and the matter can end with an mutual understanding.

look forward to receive your valuable inputs, and thanks again for your kind guidance.

a (w) 16 July 2012

Dear Sh. Nanda, Many thanks for your concrete comments, would you like to give some additional inputs on the additional points i have put forward.

best wishes

Tajobsindia (Senior Partner ) 16 July 2012

Originally posted by : a
	1. She has been working in past and has been earning decently, if i can prove/present those records will it help?? Take: Ha ha even if you prove she is not supposed to work post her marriage is what you will hear. Tell yourself why most of the metro girls of today work before marriage and after marriage ideate on income of husband at home? Bze you ask them not to work post marriage and or she is well taken care of by you. Aram kar rahi hun ji will what she is expected to say afterall she is now mother to your girl child hai ki nahi! The moment earlier you would have said NO I will not marry you if you don't work post marriage at marriage engagements phase then today you would have seen a sea change in mindset of well qualified - highly educated metro girls. But that was just about some pages of prudent men's mind at some social work for harmonious society.............. PS: You here is generic and not targeted to you as author of this query. 2. There has been no incident of voilence ever on my part, though i had to retaliate to protect my self, all in self defence, and than she decides to walk out of my life after making a police complaint and later withdrwaing the complain, would you advice me to bring in her mental status in the application. Take: Yes that could be brought as material record. It is her case. Lt her prove in witness box and or via witness cross examination that you were wife beater. You can only state in your W/S wrong and denied and in-fact it was she who cut you in pieces every day.... 3. She never cooperated with the family and supported either financialy or emotionally, would you advice that these are grounds for filing for divorce Take: Grounds for divorce are clearly mentioned in Hindu Marriage Act. If she was not working post marriage how she is supposed to help you financially? Emotional adjustments are giving and take post marriage phenomenon some adjust some don't care. Build a case around it based on eligible 'grounds' as per mention in HMA and act accordingly otherwise why waste money of lawyers fees to file a dismissible divorce suit! Wait for her to get fed up and come across a table for mutual consent. 4. As in point 3 of your reply you did mention that i run the risk of being further penalised, but in case the court considers her previous work records and her present adhoc assignments, proving her capability to earn, would you advice that these are grounds enough for the court to reconsider the quantum of maintenance Take: Yes, that is why Revisions are filed. 5. In past, verbal requests to meet the child were made in the courts but the court never paid attention to those requests, Take: All verbal request are for bedrooms purposes and not meant for Court proceedings. It is made via a proper claim in proper Court of Law and even otherwise if made in same proceeding sit could be via a proper written application and not otherwise. 6. No doubts she has played havoc in my life, causing pain and misry to my life and people associated to me, bringing in pain and agony for me in society and neigbourhood. would you advice me some more reasons i can incorporate to proceed for divorce on the grounds of dessertion and cruelty. Take: The best answer your hired advocate should give as he knows the multiple allegations of desertion read with alleged incidences of cruelty that you discussed during chamber interactions with him. We donot know all those paras and are not expected to impromptu state YES on this vague question. 7. Lastly are there any forums or court instituted bodies which can compell/guide them to sign dicorcve documents, and the matter can end with an mutual understanding. Take: Divorce is un-conditional means you cannot put a knife on either spouse head and compel that spouse to sign at dotted lines. Try more re-conciliation as the matter is still before a Family Court. Or raise the bar on alimony she will sign voluntarily whichever is earlier. My observation to your sum-total query at this stage is that you are cross over high maintenance award. Suggest to put it on Revision for self satisfaction. File separate cause title for visitation / custody of child. Donot ever show eagerness for divorce. Be in good company of friends and g/f’s. Enjoy life. Concentrate more on your career development. Look after your aged parents. Get your sister married off to a good groom. Watch every weekend good movie/play. Go for weekend long drives/clubbing. These cases are just time pass. Take it in such a way that even if she would be staying with child at home almost same amount you were spending hai ki nai! They hurt initially once ego and after passage of time they are some memories for a good laugh about it in your mid life.